Blake Dorr v. Secretary, Florida Department of Corrections

USCA11 Case: 23-13400 Document: 8-1 Date Filed: 12/04/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13400
Non-Argument Calendar
____________________
BLAKE DORR,
Petitioner-Appellant,
versus
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
ATTORNEY GENERAL, STATE OF FLORIDA,
Respondents-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 6:15-cv-00988-ACC-DCI
USCA11 Case: 23-13400 Document: 8-1 Date Filed: 12/04/2023 Page: 2 of 2
2 Opinion of the Court 23-13400
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Before ROSENBAUM, BRANCH, and LUCK, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The 30-day statutory time limit required Blake Dorr to file a
notice of appeal from the district court’s September 12, 2023, final
judgment on or before October 12, 2023. See 28 U.S.C. § 2107(a);
Fed. R. App. P. 4(a)(1)(A). However, Dorr did not file his notice of
appeal until October 13, 2023.
Further, there is no basis in the record for relief under Fed-
eral Rules of Appellate Procedure 4(a)(5) or 4(a)(6) because Dorr
did not move to extend or reopen the appeal period. See Fed. R.
App. P. 4(a)(5), (6). Accordingly, the notice of appeal is untimely
and cannot invoke our appellate jurisdiction. See Hamer v. Neigh-
borhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017); Green v. Drug
Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010).
No petition for rehearing may be filed unless it complies
with the timing and other requirements of 11th Cir. R. 40-3 and all
other applicable rules.